Current through all regulations passed and filed through September 16, 2024
(A) Underlying principles. Ohio university's
commitment to its educational mission and to the students and society it is
obligated to serve demands that it maintain various records.-No education
records will be maintained that are not directly related to the basic purposes
of the university. All policies and practices governing the collection,
maintainance, review, and
release of records will be based upon the principles of confidentiality and the
student's right to privacy,, consistent with the Family Educational Rights and
Privacy Act of 1974. This policy shall govern the collection, maintenance,
review, and release of student records on the Athens and regional campuses of
Ohio university. A "student'' is herein defined to mean any person for whom the
university maintains education records or personally identifiable information,
but does not include a person who has not been in attendance at the university
or any of its regional campuses.
(B) Types of records. The university
recognizes two general types of records: education records and unofficial
records.
(1) Education records. "Education
records" are defined as those records, files, documents, and other materials
which contain information directly related to a student, and which are
maintained by the university, or by a person acting for the university.
Education records shall be subject to the principles regarding collection,
maintenance, review, and release which are described below:
(a) Education records include, but are not
limited to, the following: Admissions records maintained by the office of
admissions and the graduate college office. The director of admissions or the
dean of the graduate college are the official custodians of these
records:
(b) Academic records
maintained by the dean of the student's college; academic departments; the
office of registration; student records and scheduling; and the extension
division. The registrar; the deans of the colleges, or the chairpersons of the
departments are the official custodians of these records.
(c) Disciplinary records maintained by the
university judiciaries. The assistant director of legal affairs is the official
custodian of these records.
(d)
Financial aid and student employment records maintained by the office of
student financial aids and scholarships. The director of the office of student
financial aids and scholarships is the official custodian of these
records.
(e) Placement records
maintained by the placement and internship service office. The director of
placement and internship service is the official custodian of these
records;
(f) Housing records,
including contract and lease agreements, maintained by the housing office. The
director of housing is the official custodian of these records;
(g) Financial records by offices which
initiate, collect, and record fees assessed and paid; and,
(h) Any and all other records not
specifically designated as unofficial records, paragraph (B)(1)(b) maintained by a
university office or agency as essential to fulfilling the basic purpose and
responsibility of the office or agency. The university official responsible for
that office or agency is the official custodian of these records.
(2) Unofficial records.
(a) Unofficial records include: Records of
institutional supervisory, and administrative personnel, and faculty and
educational personnel ancillary thereto which are not accessible or revealed to
any other person except a substitute. A substitute means an individual who made
the record and does not refer to an individual who permanently succeeds the
maker of the records in his or her position;
(b) Records and documents of university
security, provided that the records and documents are kept apart from the
records described in subsection a- of this section, which are maintained solely
for law enforcement purposes, and which are not available to persons other than
law enforcement officials of the same jurisdiction or other university law
enforcement personnel;
(c) In the
case of persons who are employed by the university but who are not in
attendance, records made and maintained in the normal course of business which
related exclusively to such person in his or her capacity as an employee and
which are not available for use for any other purpose;
(d) Records which are created or maintained
by a physician, psychiatrist, psychologist, or other recognized professional or
paraprofessional acting in his or her professional capacity, and which are
created, maintained or used only in connection with the provision of treatment
to the student, and which are not available to anyone other than persons
providing such treatment; provided, however, that such records can be
personally reviewed, upon written notice by the student, by a physician, or by
other appropriate professional of the student's choice;
(e) Directory information, including the
student's name, address, telephone number, date and place of birth, major field
of study, participation in
officially recognized activities and sports, weight and height of members of
athletic teams, dates of attendance, degree, and awards received, most recent
previous educational agency or institution attended by the student, and other
similar information; subject, however to the limitation in
paragraph (6)(4) of this
rule.
(C) Maintenance of records. Education records
shall be maintained only by university administrative personnel assigned
responsibility for each of the types of records listed in section 2 above. All
university personnel involved in the handling and maintenance of education
records shall be instructed concerning the confidential nature of such
information and their responsibilities regarding it, pursuant to this policy
and the Family Educational Rights and Privacy Act of 1974. This instruction
should be a part of each office's orientation procedure.
(D) Persons authorized to place materials in
record files. Only the following qualified persons are permitted to place
information in an education records file: personnel in the office or agency
responsible for maintaining the files; and the individual student or others at
the request of and, therefore, with the consent of the student.
(E) Challenging or removing file contents.
(1) A student has the right to a formal
hearing, pursuant to and in compliance with sections 99.20 through 99.22 of the
Regulations to the Family Educational
Rights and Privacy Act of 1974, before the
student records committee to challenge the content of such student's education
records in order to insure that the records are not inaccurate, misleading, or
otherwise in violation of the privacy or other rights of students, and to
provide an opportunity for the correction or deletion of any such inaccurate,
misleading, or otherwise inappropriate data contained therein, and to insert
into such records a written explanation respecting the content of such
records.
(2) However, the student
shall first attempt to informally
resolve his or her grievance throught the department chairperson,
of his or her college, or, in the case
of other records, through the administrative officer responsible for
maintaining the records. The office responsible for maintaining the records may
charge reasonable fee, but not more than two dollars per page, for the
production of the records. The department chairperson, dean, or administrative
officer, after careful review of the facts Surrounding the challenge, shall
inform the student, in writing and within five days after the student presents
the challenge, of his or her decision and any corrective action that will be
taken.
(3) If the student is
dissatisfied with the results of his or her informal challenge through the
department chairperson, dean, or administrative officer, he or shall shall then
file a formal complaint with the chairperson of the student records committee.
The student records committee shall conduct a hearing and notify the student in
writing of the results of such hearing within thirty days.
(F) Student access to records. A student who
is or has been in attendance at Ohio university shall have the right to inspect
and review the contents of his or her education records, subject only to
reasonable arrangements concerning time, place, supervision, and cost of
reproduction of the records; but in no case shall the time be more than thirty
days after a request has been made. Costs of each reproduction shall not be
greater than two dollars per page. Exceptions to this general right of review
are:
(1) Confidential financial records of the
student's parents or any information contained therein;
(2) Confidential letters and statements of
recommendation, which were placed in the education records prior to January 1,
1975, as long as such letters or statements are not used for purposes other
than those for which they were specifically intended, as determined by the
administrative officer responsible for the office or agency where the record is
kept;
(3) If the student has signed
a waiver of the student's right of access under this' section and the Family
Educational Rights and Privacy Act of 1974, confidential recommendations
respecting admission to any educational agency or institution, respecting an
application for employment, or respecting the receipt of an honor or honorary
recognition. A student or a person applying for admission may waive his or her
right of access to confidential statements described in
paragraph (c) this rule
, except that such waiver shall
apply to recommendations only if the student is, upon request, notified of the
names of all person making confidential recommendations, and such
recommendations are used solely for the purpose for which they were
specifically intended. The student may revoke, in writing, the previous waiver
of his or her right to access to confidential statements or recommendations.
Such revocation shall only apply to confidential statements or recommendations
placed in the record after the waiver has been revoked. Such waivers may not be
required as a condition for admission to, receipt of financial aid from, or
receipt of any other services or benefits from the university.
(G) Release of student records.
Student records at Ohio university are held in trust by the university for the
mutual benefit of the student and the educational mission of the university.
Therefore., except with the prior written consent of the student, or as
otherwise stated below, no information in any student education record file may
be released to any individual or organization.
(1) Record-keeping personnel may have access
to student education records according to the conditions stipulated in
paragraph (c) above.
(2) Members of the faculty and staff and
other persons demonstrating a legitimate educational interst may have access to
student education records for internal educational purposes or for necessary
administrative and statistical purposes only. The legitimate educational
interest will be determined by the university official responsible for the
particular student's education record. Legitimate educational interest is used
here in its traditional and classical sense. It means that, in order to serve
students and the university, careful, considerate, and responsible judgments
must be made by professional people who are responsible and accountable for
these judgments. The rights of grievance and appeal are available to the
student through the responsible official, and if necessary, to the university
studnet records committee.
(3)
Direct access to financial, medical, psychological, and placement files is
limited to the professional and clerical staff responsible for those
matters.
(4) The following
information will be considered public, and may be published in a university
publication: The student's name, address, telephone number, date and place of
birth, major field of study, participation in officially recognized activities
and sports, weight and height of members of athletic teams, dates of
attendance, degrees and awards received, the most recent previous educational
agency or institution attended by the student, and other similar information.
Relative to such public or directory information, the university shall give
public notice of the categories of information which shall be considered public
information, and shall allow a reasonable period of time after such notice has
been given for a student to inform the university that all of the information
designated should not be released without the student's prior
consent.
(5) Direct access to
disciplinary files is limited to the staff of the office of legal affairs, and
the dean of students and his or her immediate staff. This section shall not be
construed so as to prohibit the office of legal affairs from advising
appropriate university offices that demonstrate a legitimate educational
interest of the facts and disposition of a particular disciplinary case, nor
shall it be construed so as to prohibit the office of legal affairs from
advising any person demonstrating a need to know as to whether a disciplinary
file does or does not exist.
(6)
Medical and psychological information is legally confidential and privileged.
It will not be released to anyone without the express written authorization of
the individual involved. In such cases, the individual must designate what
information is to be released and to whom that information is to be
released.
(7) Notwithstanding the
provisions of paragraph (6)(1) to (G)(6) this rule:
(a)
Education records will be released on compliance with a judicial order, or
pursuant to any lawfully issued subpoena, upon condition that the student is
reasonably notified of all such orders or subpoenas in advance of the
compliance therewith by the university.
(b) Records or information from records
containing personally identifiable information may be made available to
officials of other schools or school systems in which the student seeks or
intends to enroll, upon condition that the student be notified of the transfer,
receive a copy of the records if desired, and has an opportunity for a hearing
to challenge the content of the record.
(c) Records or information from records
containing personally identifiable information may be released in connection
with a student's application for, or receipt of, financial aid.
(d) Records or information from records may
be released to the parents of a dependent student, as defined in section
152 of the Internal Revenue Code of 1954.
The university presumes for this purpose
only that, all students are independent. The parents of a student have the
burden to show dependent status as defined in section
152 of the Internal Revenue Code of
1954.
(H)
Record of access. Each office shall keep with the education records of each
student a record which will specifically indicate the legitimate interest that
each such person, agency, or organization, other than other school officials
and persons designated in paragraph (6)(7) above, has in obtaining this information. Such
record of access shall be available only to the student, the school official
and his or her assistants who are responsible for the custody of such records,
and to person or organizations authorized to conduct an audit pursuant to the
Family Educational Rights and Privacy Act of 1974. The record should include
the name of the individual or agency requesting information, reason for the
request, date of the request, and the disposition of the request. The office
responsible for the records shall, upon a request in writing by the student,
provide a copy of the records disclosed and charge the appropriate fees
therefore. Education records or information therefrom shall only be transferred
to a third party on the condition that such party will not permit any other
party to have access to such information without the written consent of the
student.
(I) Retention of records.
Each record-keeping office will establish and make available a reasonable and
justifiable policy regarding the retention of records after the separation of
the student from the university. Where legal statutes govern retention, such
policies shall be in accordance with those statutes.
(J) Holds on release of records. Unmet
university financial obligations, or pending disciplinary cases, may result in
a hold being placed on the release of
student records. The office originating the hold must inform the student in
writing that it has initiated such action. Copies of hold notices will be
maintained by the originating office of agency and will serve as verfication
that written notification has been provided the student.
(K) Implementation and enforcement. A
standing university student records committee consisting of student, faculty,
and administrative representatives shall be established and empowered to
supervise the implementation and enforcement of student records policies and to
adjudicate disputes and grievances attendant to those policies. The membership
of this committee should include at least two people who are familiar with
student record keeping and processing, and one person who has a legal
background.' The ombudsman should be notified of and should be free to attend
all committee meetings. Decisions of the committee may be appealed by the
student or by the individual responsible for maintaining the file or record in
question. The appeal should be made to the dean of students whose decision
shall be final.
(L) Incorporation
of federal law. The Family Educational Rights and Privacy Act of 1974, and the
regulations enacted in pursuance thereof, are hereby incorporated by reference
into this policy; and, to the extent that this policy conflicts with the law
and/or regulations, the law and/or regulations shall take
precedence.
